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15-22-31
Section 15-22-31 Warrant for retaking parolee; arrest without warrant; execution of
warrant and fees therefor. (a) If the parole officer having charge of a paroled prisoner or
any member of the Board of Pardons and Paroles shall have reasonable cause to believe that
such prisoner has lapsed, or is probably about to lapse, into criminal ways or company or
has violated the conditions of his parole in an important respect, such officer or board member
may report such fact to the Department of Corrections, which shall thereupon issue a warrant
for the retaking of such prisoner and his return to the prison designated. (b) Any parole
officer, police officer, sheriff, or other officer with power of arrest, upon the request
of the parole officer, may arrest a parolee without a warrant; but, in case of an arrest without
a warrant, the arresting officer shall have a written statement by the parole officer setting
forth that the parolee has, in his or her judgment, violated the conditions of...
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15-22-32
Section 15-22-32 Parole court; hearing officers; sanctions; delegation of authority.
(a) Whenever there is reasonable cause to believe that a prisoner who has been paroled has
violated his or her parole, the Board of Pardons and Paroles, at its next meeting, may declare
the prisoner to be delinquent, and time owed shall date from the delinquency. The Department
of Corrections, after receiving notice from the sheriff of the county jail where the state
prisoner is being held, shall promptly notify the board of the return of a paroled prisoner
charged with violation of his or her parole. Thereupon, the board, a single member of the
board, a parole revocation hearing officer, or a designated parole officer shall hold a parole
court at the prison or at another place as it may determine within 20 business days and consider
the case of the parole violator, who shall be given an opportunity to appear personally or
by counsel before the board or the parole court and produce witnesses and...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of
probation; sanctions. (a) The period of probation or suspension of execution of sentence shall
be determined by the court and shall not be waived by the defendant, and the period of probation
or suspension may be continued, extended, or terminated. However, except as provided in Section
32-5A-191 relating to ignition interlock requirements, in no case shall the maximum probation
period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation
period of a defendant guilty of a felony exceed five years, except as provided in Section
13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled, the court
shall, by order duly entered on its minutes, discharge the defendant. (b) The court granting
probation, upon the recommendation of the officer supervising the probationer, may terminate
all authority and supervision over the probationer prior to the...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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15-22-76
Section 15-22-76 Discharge; arrest for violation of parole, with or without warrant;
brought before parole officer; hearing; serving sentence upon revocation. Upon the expiration
of the period of parole the parolee shall be discharged. At any time during the period of
parole the parolee may be arrested for the violation of any condition of his parole, and after
a hearing by the board his parole shall be subject to revocation. Any parole officer, police
officer or other law enforcement officer may arrest a parolee with or without a warrant for
the violation of any condition of his parole. In case of an arrest without a warrant, the
arresting officer shall have a written statement by a parole officer setting forth that parolee
has, in the judgment of the parole officer, violated the conditions of his parole. Such statement
shall be sufficient warrant for the detention of said parolee until he can be brought before
a parole officer. Such parole officer, after advising said parolee in...
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15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a)
It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make
an investigation of any and all prisoners confined in the jails and prisons of the state,
through use of a validated risk and needs assessment as defined in Section 12-25-32,
with a view of determining the feasibility of releasing the prisoners on parole and effecting
their reclamation. Reinvestigations shall be made from time to time as the board may determine
or as the Department of Corrections may request. The investigations shall include such reports
and other information as the board may require from the Department of Corrections or any of
its officers, agents, or employees. (b) It shall be the duty of the Department of Corrections
to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article.
(c) Temporary leave from prison, including Christmas furloughs, may be granted...
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45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person
in Madison County charged with an offense, at his or her appearance before a judicial officer,
may be ordered released pending trial on his or her personal recognizance or upon the execution
of an unsecured appearance bond in an amount specified by the judicial officer, unless the
judicial officer determines, in the exercise of his or her discretion, that such a release
will not reasonably assure the appearance of the person as required. When such a determination
is made, the judicial officer shall, either in lieu of or in addition to the above methods
of release, impose the first of the following conditions of release which will reasonably
assure the appearance of the person for trial or, if no single condition gives that assurance,
any combination of the following conditions: (1) Place the person in the custody of a designated
person agreeing to supervise him or her. (2) Place restrictions on the...
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45-36-232.28
Section 45-36-232.28 Release pending trial; conditions; order; notice. (a) Any person
in Jackson County charged with an offense, at his or her appearance before a judicial officer,
may be ordered released pending trial on his or her personal recognizance or upon the execution
of an unsecured appearance bond in an amount specified by the judicial officer, unless the
judicial officer determines, in the exercise of his or her discretion, that such a release
will not reasonably assure the appearance of the person as required. When such a determination
is made, the judicial officer, either in lieu of or in addition to the above methods of release,
shall impose the first of the following conditions of release which will reasonably assure
the appearance of the person for trial or, if no single condition gives that assurance, any
combination of the following conditions: (1) Place the person in the custody of a designated
person agreeing to supervise him or her. (2) Place restrictions on the...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision
of law notwithstanding, any person, regardless of the date of his or her sentence, may apply
to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if
all of the following requirements are met: (1) The person has lost his or her right to vote
by reason of conviction in a state or federal court in any case except those listed in subsection
(g). (2) The person has no criminal felony charges pending against him or her in any state
or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution
ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any
of the following are true: a. The person has been released upon completion of sentence. b.
The person has been pardoned. c. The person has successfully completed probation or parole
and has been released from compliance by the ordering entity. (b) The...
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